In the so-called Fretterode case, the Federal Court of Justice (BGH) in Karlsruhe, in its judgment of April 13, 2024, overturned the scandalous judgment of the Mühlhausen Regional Court of September 15, 2022 (Case No.: 3 KLs 101 Js 47753/18 jug), citing significant deficiencies in the evaluation of evidence. More than a year later, the Mühlhausen Regional Court has still not scheduled a new hearing. A further complaint of undue delay has now been filed.
The Mühlhausen Regional Court had handed down a remarkably lenient sentence to the two neo-Nazis, Gianluca B. and Nordulf H., for dangerous bodily harm, sentencing them to only one year's imprisonment, suspended on probation, or to 200 hours of community service under juvenile criminal law. The prosecution had demanded a conviction, particularly for aggravated robbery, with significantly harsher sentences, and especially that the neo-Nazi motives be taken into account in sentencing. On appeal by the prosecution and the public prosecutor's office, the Federal Court of Justice (BGH) declared the Mühlhausen Regional Court's evaluation of the evidence to be fundamentally flawed. It found that a comprehensive assessment of all the circumstantial evidence was lacking, particularly regarding the theft of the journalists' camera (see below).
The case was remanded to a different chamber of the Mühlhausen Regional Court, which must conduct a new evidentiary hearing. This new hearing has still not been scheduled, more than a year after the Federal Court of Justice's decision. One of the co-plaintiffs has therefore filed a complaint of undue delay – as he did in the first trial – thus establishing grounds, at least, for compensation due to the excessive length of the proceedings.
"The justice system in Mühlhausen is failing in this case. After such a rebuke from the Federal Court of Justice, the fact that they didn't immediately take charge and quickly rectify the obvious errors from the first trial is embarrassing and reveals that our clients can expect neither satisfaction nor protection from the Mühlhausen justice system. Neo-Nazis are being protected there," says attorney Sven Adam, who represents one of the two journalists, expressing his frustration with the court's continued inaction. He remains undecided about whether the plaintiffs will participate in a retrial in light of this judicial conduct. “Our clients have drawn considerable strength from the strong support and widespread public attention shown during the trial. They are convinced that continued investigative work by the independent press within the neo-Nazi scene is essential to counter the further rise of neo-Nazis with knowledge about the scene itself. However, they are also convinced that after seven years of delaying the proceedings, a just verdict from a juvenile court in Mühlhausen is no longer to be expected,” explains attorney Rasmus Kahlen, who represents the second injured journalist, elaborating on the criticism of the Mühlhausen judiciary.
For further questions, please contact the lawyers Sven Adam and Rasmus Kahlen using the known contact details.
Background:
Two journalists from Göttingen were in the town of Fretterode at the end of April 2018 for research purposes when they were spotted by individuals from the far-right spectrum. As they attempted to leave in their car, they were pursued by two people in a black BMW. A chase ensued along the country road and through the towns of Fretterode and Germershausen. The journalists were caught by their pursuers at the entrance to Hohengandern. After the journalists' car came to a stop in a ditch, the two right-wing extremists first attacked the car and then the occupants with a baseball bat, a knife, a 40-50 cm long wrench, and pepper spray. The photographer suffered, among other injuries, a stab wound to the thigh. His companion was struck on the head with the heavy wrench, suffering a fractured skull and a laceration. The car's windows were smashed, the rear tires were punctured, and the photographer's camera and camera bag were stolen. The perpetrators then fled in the black BMW. At the request of the seriously injured victims, local residents were able to call emergency services and the police.
The photographer was able to take photos of one of the perpetrators from his own vehicle. The SD card containing these photos did not fall into the hands of the neo-Nazis and has been handed over to the investigating authorities.
